O pomocy w podejmowaniu zatrudnienia w ramach stosunków służbowych na gruncie ustawy o promocji zatrudnienia i instytucjach rynku pracy

Abstract

On the assistance in taking up employment in the context of an public servants’ relationship under the Act on Employment Promotion and Labour Market Institutions The Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions provides for assistance in taking up the employment in the context of a public servants’relationship. However, this subject raises many problems of interpretation, but also controversy, arising from the comparison of the specific construction features of the public service employment relationships with the economic situation of the unemployed person. This problem, which is only hinted at in the doctrine of labour law, seems to have been completely ignored by the legislature, which, during the almost 20-year period of validity of the Employment Promotion Act and Labour Market Institutions, overlooked the matters mentioned in spite of numerous and far-reaching amendments to the Act. The aim of the study is therefore to identify the main uncertainties of interpretation in the application of its rules on support for taking up employment in the public service relationship and to formulate the claims de lege ferenda. ASJC: 3308, JEL: K31